WVSU Journal for Law Advocacy (JLA) (ISSN : 1908-532X) https://hdl.handle.net/20.500.14353/158 2026-09-09T06:18:58Z 2026-09-09T06:18:58Z Heler, Victoria A.G. Gumban, Theda Grace S. https://hdl.handle.net/20.500.14353/1134 2026-06-26T05:10:28Z 2189-06-01T00:00:00Z

Towards a clean and honest elections: Jurisprudence on election-related offenses: Prospects for 2022 national election and beyond Heler, Victoria A.G.; Gumban, Theda Grace S. (Extract) The vote is precious, almost sacred. It is the most powerful non-violent tool we have in a democratic society, and we must use it”. Democracy thrives when people actively participate and take part in social and political reform. Pastor H.E Fosdick (cited in Stevensons 1937) reasoned that Democracy is based upon the conviction that there are extraordinary possibilities in ordinary people. The recently concluded May 09, 2022 Election is a testament to this conviction despite the still lingering threat of COVID-19. The Commission on Elections (COMELEC) mentioned that despite the lingering threat of COVID-19, at least 76.5 million registered to cast their ballots. This shows a clear indication that Filipinos are determined to exercise their right to vote. A peaceful and effective method of selecting political leaders is through an election. A nation's citizens elect its leaders through the democratic process of voting. As a result, citizens can influence political leadership. An election is the expression of the sovereign power of the people. It is an embodiment of the popular will and Filipinos must turn out in huge numbers and understand the importance of elections in a democratic society. This article examines the legal framework governing election-related offenses under the Philippine Omnibus Election Code and analyses the jurisprudence interpreting these offenses in light of contemporary electoral challenges. It provides a comprehensive discussion of prohibited acts such as vote-buying, voter intimidation, misuse of public resources, election-related violence, and other offenses, supported by relevant Supreme Court decisions and special election laws. The article further evaluates the adequacy of existing election laws in addressing emerging issues associated with digital campaigning, social media, and online disinformation, particularly during the 2022 National Elections. It concludes by emphasizing the need to strengthen electoral legislation, enhance voter education, and improve regulatory mechanisms to safeguard electoral integrity, uphold democratic participation, and ensure clean, honest, and credible elections in the digital age.

2189-06-01T00:00:00Z Bionat, Justin Francis https://hdl.handle.net/20.500.14353/175 2026-06-26T07:09:06Z 2021-01-01T00:00:00Z

The Philippine party-list system and representation of marginalized populations Bionat, Justin Francis The Party-list system is a unique aspect of the Philippine political system; a political battleground designed to ensure a representative democracy that allows for ample and proportional representation of marginalized groups in the House of Representatives. Guaranteed by Article 6 of the 1987 Philippine Constitution, the party-list system was created by the framers of the constitution as “a scheme aimed at giving meaningful representation to the interests of sectors which are not adequately attended to in normal deliberations(1)”. This article particularly explores the party-list system and argues for a necessary revamping of the process of selection and accreditation of party-lists. As Congress is empowered to define and prescribe the mechanics of party-list representation, laws like the Omnibus Election Code and the Party-list Systems Act have allowed for this system to operate. The 18th Congress has seen the party-list system continue to grow; however, it still lacks a mechanism to ensure proper representation. With the national elections happening this year, we again see the same trend of party-lists vying for a seat in Congress. However, just like in previous elections, these party-lists do seem to represent a clear marginalized group. So, is there a need to revamp the party-list system? And does being marginalized even matter anymore? In the fourth chapter, Bionat revisits the legislative intent behind the party-list system as illustrated in 2003 and 2009 party-list elections and notes that its true purpose is for sectoral representation, meant to promote social justice and to represent the marginalized and underprivileged sectors remain unfulfilled. Bionat proceeds with a careful examination of party-lists representatives occupying congressional seats in the 18th Congress and have principally sponsored bills in the areas of education, women, and gender, and senior citizens. Bionat argues for the necessity of revamping the party-list system to accommodate marginalized groups. A key strategy he suggests is to improve the process of accreditation of party-lists by the COMELEC. He observes in the recently concluded 2022 national elections some interesting party lists groups declared eligible to run such as WOW Pilipinas Partylist, MOCHA Partylist, UMA Ilonggo Partylist, Barkadahan Partylist, and SMILE Partylist. From this, he emphasizes the need to improve the party-list system which is part and parcel of our flourishing democracy of, for, and by the people.

2021-01-01T00:00:00Z Ruel, Philipp Centenni L. https://hdl.handle.net/20.500.14353/1135 2026-06-26T06:00:09Z 2021-01-01T00:00:00Z

Exploiting electoral exchanges: The rules on substitution of candidates in the Philippine electoral system Ruel, Philipp Centenni L. (Extract) Every six years, Filipinos are set to elect the new President, Vice President, and Senators while the selection of new members of the House of Representatives, mayors, governors, barangay officials, as well as the Sangguniang Panlalawigan, Bayan, and Kabataan are done every three years. In the months before elections, politicians need to campaign where they banner their advocacies, platforms, and general plans for governance. As citizens, we must be invested in the electoral process as this serves as the mechanism to legitimize who will be our carefully chosen leaders who will take the reins in running the country. One current trend that has left many - political scientists, analysts, politicians, and regular citizens even - perplexed is the drama, chaos, and development when it comes to the substitution of candidates. Indeed, it is essential to be wary of the election process, but it is also crucial for the interest of the general public to discuss the controversy regarding the substitution of candidates which has caught the public’s attention. Philipp Centenni L. Ruel examines the legal framework governing the substitution of candidates under the Philippine Omnibus Election Code. He analyzes the statutory provisions, relevant Supreme Court jurisprudence, and recent electoral controversies involving candidate substitutions, particularly the use of placeholder candidates and strategic withdrawals. Ruel argues that the existing legal framework has been exploited to circumvent the intent of election laws, thereby undermining electoral integrity, public confidence, and democratic accountability. He concludes by recommending legislative and policy reforms to strengthen the regulation of candidate substitution, close legal loopholes, and promote free, honest, orderly, and credible elections in the Philippines.

2021-01-01T00:00:00Z Trespeces, Enrique Z. https://hdl.handle.net/20.500.14353/172 2026-07-08T07:08:31Z 2021-01-01T00:00:00Z

Clinical legal education program and revised model law curriculum: Championing law advocacy and ethical-driven lawyering Trespeces, Enrique Z. (Extract) The rebranding of Rule 138-A1 with lethargic history save for the University of the Philippines’ Office of Legal Aid and the Ateneo Legal Services Center is a great leap forward to fix the huge disconnect between the study of law and the practice of law. In this maiden commentary, I will focus on two big proverbial concerns. The rebranding offers two-tier solutions that complement each other: first, overhauling of the law curriculum, which is now “foundational-centered”; and second, integrating clinical legal education in the curriculum, which is now “experiential and ethical-driven”. Judge Trespeces notes that Revised Model Law Curriculum launched in the last quarter of 2021 now zeroes in on the pressing need for lawyers not only to be practice-ready but ethically-driven as well. He cites his own survey that from 2017 to 2021, 430 bar discipline cases docketed at the Supreme Court, which reflected the “dark side” of lawyering, spread throughout the legal profession. The author argues that the integration of a clinical component of legal and judicial ethics in procedural subjects like criminal procedure, civil procedure in dispute resolution, and evidence rules is a significant enhancement of achieving ethical-driven lawyering. To illustrate, the editors take note that WVSU College of Law recently integrated its CLEP learning activities into the teaching of the course Administrative Law, Law on Public Officers, and Election Law. This timely integration of CLEP activities to relevant subjects, such as Election Law, coincided with the recently concluded 2022 National Elections. Without a doubt, strategies like this are in accord with CLEP’s goal to inculcate in students’ values of ethical lawyering and public service. Judge Trespeces in his conclusion notes that these initiatives require the concerted efforts of all stakeholders to set the CLEP in motion in order for its objectives to come to fruition.

2021-01-01T00:00:00Z